Morning journal and courier., 1887-07-13

Connecticut and the prisoner is not convict
 ed because there is not the required number of witnesses.
 An appea1is made to you for mercy. They say it is hard for this young man
 to be shut off from the sunlight
 and the beauties of the world, You may
 abuse everything on earth, yourself and
 everyone else, disregarding the laws of nature.
 They say she was bad woman. The law is
 no respecter of person and she was just as
 much protected as though she was an inno-
 cent maiden sleeping in her bed. All that
 can be alleged against her is that she was
 engaged in carryingon an illegitimate busi- ness. ~-.7-2 q
 The gentleman says he didn't know that it would have an evil effect. Yes he did. He knew he was dealing with dangerous ele- ment. Chloroform when administered even by an experienced physician is always ham tdled with the greatest of eare. It is dan gerous drug and we all know it.
 Aye, gentlemen of the jury, if she was 8 bad woman, as is alleged, the crime was 1n- deed far greater than if she had been good | woman. He took her into his own hands to | deprive her of that great gift of the Almighty her life. He sent her before her judge without time to prepare. You are asked to ' tramp1e upon the law which you have sworn to uphold. But mercy to the prisoner at the | bar would be cruelty to every citizen Of Con- neeticut who value their lives. If you ex- | tend mercy to him how many lives will be | sacrificed Murderers would run rampant, ! sure in the belief that no jury would convict them. How many lives may be lost if you ! fail to do your duty no one can tell. It is ! the divine command that whosoever she'd deth a mans blood by man his blood shall be shed. Every honest, law-abiding citizen of Connecticut expects you to do your duty | in an impartial and faithful manner, with out fear.
 Judge Blydenburgh arose and made ob- jections to the written confessions going be- 1 fore the jury. Judge Stoddard decided not | to touch on this point until after the jury had retired.
 Judge Stoddard at 5:35 arose and address ed the jury. It was agred by all that the charge | was exceedingly fair and impartial one. The accused stands indicted for the murder of one Margaret Ernst. There are three ! counts against the prisoner, and they are in- ] tended to describe one offense only. Under the indictment several verdicts are legally possible. First there is murder in the first degree; another, murder in the second de- gree; another, guilty Of manslaughter, and another is verdict of not guilty. He then defined murder and manslaughter. Resuming he said: You will see, gentlemen,
 by, the term of the definition the difference between murder and manslaughter is the absence of forsthought or malice. Being present it constitutes murder and being absent it constitutes manslaughter. Malice may be implied, however, from an act of ex-
 treme cruelty, however sudden. It is not claimed by the State that this case is brought in reference to that clause of the statutes
 which implies wilful premeditated murder.
 But it does claim that murder was perpe-
 trated in performing robbery.
 He here defined robbery as differing from
 theft or larceny as something taken by vio-
 lence or taken by the offender causing fear
 to the owner. Malice is an essential degree
 iy, ic net distinguishes murder from every other spe- cies of homicide.
 As was said by the States attorney, the
 murder must be committed as part and par eel of the robbery and not something col1at- eral to the robbery itself. In criminal cases the burden of proof is upon the State. The accused is presumed to be innocent and the State must prove every fact to the contrary. These facts which allege murder must be proved beyond reasonable doubt. And if you should not be satisfied that murder was committed in perpetrating the robbery the accused is entitled to an acquittal on the charge of murder. I think. gentlemen, it is my duty to tell you that you must specify upon which count you find the accused guilty. If you should find him guilty of murder in the first degree you should so specify, and state that you find him not guilty on the other counts. If verdict of murder in the second degree is returned I see no reason for specifying the other counts, but a general verdict is all that's needed. You may now retire.
 The jury retired at 4:48 Judge Stoddard consented to the bringing of the confessions, the handkerchiefs and other evidences of guilt to the jury room, and Sheriff Gates was instructed to bring them down stairs.
 It was twenty minutes of 6 when Judge Stoddard instructed Sheriff Gates to call up the jury. After they were seated he excused them until 10 o'clock this morning, when court will again convene.
 Chamberlain acted rather nervously when he heard that the court was about to go over another day. He held short conversation with his foster mother previous to being taken back to jail. The suspense is telling on him.
 It is the opinion of many lawyers who have sat through the trial that the jury will not find the accused guilty of murder in the first degree. They believe verdict for the second degree will be returned. The jury hadn't organized at the time they were ex- cused yesterday afternoon.